Business Terms & Conditions
All work carried out for our customers is subject to our standard terms and conditions:
Our Aim
We aim to offer our clients a fair service that is personal to their needs at a competitive rate. We hope you find this document helpful in formulating your decision to instruct Agent8 to undertake graphic design services for you.
We will
- Explain to you the work that we have agreed, and undertake not to carry out additional work without your knowledge or consent.
- Make sure you understand the likely financial cost to you.
- Keep you informed of project progress and when you can expect to receive an update.
- Respond to your queries promptly.
Services
Agent8 will deliver the concept, design, build, implementation and testing of the specified product in addition to providing materials, including all software required for the delivery of the project.
For the purposes of these terms and conditions the expression “project” shall include delivery of all services and work necessary to complete the project.
Fees
Following an initial consultation with the customer, Agent8 will provide a quotation for the delivery of the project to the customer which quotation will be based on the information provided by and the requirement of the customer prior to the delivery of the quotation.
Any and all quotations supplied by Agent8 will be calculated with reference to Agent8’s Hourly Rates.
Agent8 reserves the right to revise its quotation and/or charge additional fees as a result of any delays or additional work caused or required by the customer including (without limitation) the customers failure to provide Agent8 with such information material, instructions, media or approvals as a reasonably required to enable Agent8 to fulfil its obligations to the customer in a timely manner. Agent8 will notify the customer in writing of any additional fees incurred or to be incurred in relation to any such delay or additional work.
In addition, Agent8 reserves the right to charge additional fees if (in the absolute discretion of Agent8) changes to the project are required by the customer that depart from the original project brief or if material changes are required by the customer requiring additional design creation.
Our additional charges will be calculated mainly by reference to Agent8 Hourly Rates and the time actually spent working on your behalf. This will include meetings with you and others, reading and working on papers and documents and other material and time spent travelling. Travelling will be charged at 45 pence per mile.
Before work begins the client shall pay to Agent8 a non-refundable deposit of 50% of the total cost. Agent8 will bill the client at the completion of each project stage. Agent8 reserves the right to bill the client at the end of each month for all work carried out to that date. In each case the 50% deposit will be deducted from the final project invoice. Payment is due to us within 14 days of us sending you a bill. Interest will be charged at a daily basis at 2% over Abbey National plc’s base rate from time to time from the date of the bill in cases where payment is not made within 14 days of delivery by us of the bill. If such requests are not met by prompt payment, delay in the progress of a project may result. In the unlikely event of any bill or request for payment not being met, we reserve the right to stop acting for you further.
Term
Quotations supplied by Agent8 are valid for a period of 60 days after the date of issue.
Once a quotation has been accepted by the customer, the customer shall be responsible for the full cost of the project in accordance with Agent8’s quotation and the customer may not terminate his agreement with Agent8 without the consent in writing of Agent8.
In the event that the customer is unable or unwilling to give Agent8 such further instructions as Agent8 may reasonably require to fulfil its obligations to the customer within 21 days of a written request by Agent8 then Agent8 shall be entitled to terminate the agreement with the customer in which event the customer shall be responsible for payment in full of all fees costs and expenses set out in the quotation provided by Agent8, in addition to (without limitation) any payments Agent8 has made or has contracted to make to third parties in connection with delivery of the project to the customer.
Intellectual Property
All intellectual property rights in the project or work or services provided to the customer by Agent 8 including (without limitation) copyright and design rights, shall at all times belong to and remain in the ownership of Agent8 unless otherwise agreed in writing by Agent8.
The customer agrees that he shall not modify, adapt or translate any work carried out by Agent8 for the customer without the prior written consent of Agent8 or as otherwise permitted by law. For the avoidance of doubt, the intellectual property rights in any such modifications, adaptations or translations shall belong to and remain vested in Agent8 unless otherwise agreed in writing by them.
The customer warrants to Agent8 that the customer has title and ownership of appropriate intellectual property rights in respect of material submitted to Agent8 by the customer and the customer agrees to indemnify Agent8 against all losses, claims, demands or expenses which Agent8 may incur as a result of any breach of this warranty.
Agent8 reserves the right to use any artwork, ideas or sketches created as examples of client work in a portfolio. This can be during the project and also on completion. If the client has any specific privacy requirements, these will need to be discussed prior to agreement to the proposal and confirmed in writing as appropriate prior to the work commencing.
Hosting
Agent8 reserves the right to sub-contract hosting services and may change this sub-contractor without giving notice. Agent8 does not guarantee continuous service and will accept no liability for loss of service, whatever the cause, but will endeavour to enable continuous hosting by alternative equivalent service provider.
Printing
Agent8 reserves the right to sub-contract printing services and may change this sub-contractor without giving notice. Agent8 will accept no liability for errors incurred by printers, whatever the cause.
Liability
Agent8’s liability to the customer for any loss or damage howsoever caused or arising (including, without limitation, for theft or destructions or damage to any materials provided by the customer which are deposited or left with
Agent8 for whatever reason) will be limited to the amount of the quotation provided by Agent8 (or the replacement cost of actual material if lower) and Agent8 will not be liable for any further losses or damages to the customer or
any other party including consequential losses or damages.
Entire Agreement
These terms and conditions shall apply exclusively to all work and services carried out by Agent8 (to the exclusion of all others) unless specifically agreed in writing by Agent8.
Agent8 Design Limited Terms and Conditions v14 – 07/09/22